Regina v David William TELFER [2004] NSWCCA 27

Reported Decision : 142 A Crim R 132

New South Wales Court of Criminal Appeal

CITATION : Regina v David William TELFER [2004] NSWCCA 27 HEARING DATE(S) : 6/2/04 JUDGMENT DATE : 26 February 2004

JUDGMENT OF : Grove J at 1; Sully J at 2; Bell J at 3 DECISION : Appeal dismissed

LEGISLATION CITED : Crimes Act 1900 Evidence Act 1995 Melbourne v The Queen [1999] HCA 32; 198 CLR 1 R v Courtney-Smith (No 2) (1990) 48 A Crim R 49 CASES CITED : R v Gillard (unreported), NSWCCA, 15 July 1991 R v Robinson [1999] NSWCCA 172 Trimboli v R (1979) 1 A Crim R 73 TKWJ v The Queen [2002] HCA 46; 76 ALJR 1579 PARTIES : David William TELFER (Appellant) Regina (Respondent) FILE NUMBER(S) : CCA 60362/03 COUNSEL : R Hulme SC (Appellant) M Grogan (Crown) SOLICITORS : SE O'Connor (Appellant) S Kavanagh

LOWER COURT District Court JURISDICTION : LOWER COURT 01/61/0189 FILE NUMBER(S) : LOWER COURT Nield DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60362/03

GROVE J SULLY J BELL J

Thuraday 26 February, 2004 REGINA v David William TELFER Judgment 1 GROVE J: I agree with Bell J. 2 SULLY J: I agree with Bell J. 3 BELL J: On 5 February 2003 the appellant was arraigned before his Honour, Judge Nield (the Judge) and a jury on an indictment charging him with (i) detaining Rebecca Jane Small with intent to hold her for the advantage of Graeme Kenneth Hartland and (ii) detaining Joshua Small with intent to hold him for the advantage of Graeme Kenneth Hartland. He pleaded not guilty to each count. Both offences were charged pursuant to s 90A of the Crimes Act 1900. Each was alleged to have taken place on 7 November 1998. 4 The jury acquitted the appellant in accordance with the Judge's direction of the offence charged in count 2. 5 On 7 February 2003 the appellant was convicted of the offence charged in count 1.